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1 The prospective lower tier participant certifies, by submission of this proposal, that <br />neither it nor its principals is presently debarred, suspended, proposed for debarment, declared <br />ineligible, or voluntarily excluded from participation in this transaction by any Federal department or <br />agency <br />2. Where the prospective lower tier participant is unable to certify to any of the <br />statements in this certification, such prospective participant shall attach an explanation to this <br />proposal. <br />16. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING <br />(Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - <br />49 CFR 20) <br />(1) The prospective participant certifies, by signing and submitting this bid or proposal, to the best <br />of his or her knowledge and belief, that: <br />a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the <br />undersigned, to any person for influencing or attempting to influence an officer or <br />employee of any Federal agency, a Member of Congress, an officer or employee of <br />Congress, or an employee of a Member of Congress in connection with the awarding <br />of any Federal contract, the making of any Federal grant, the making of any Federal <br />loan, the entering into of any cooperative agreement, and the extension, <br />continuation, renewal, amendment, or modification of any Federal contract, grant, <br />loan, or cooperative agreement. <br />b. If any funds other than Federal appropriated funds have been paid or will be paid to <br />any person for influencing or attempting to influence an officer or employee of any <br />Federal agency, a Member of Congress, an officer or employee of Congress, or an <br />employee of a Member of Congress in connection with this Federal contract, grant, <br />loan, or cooperative agreement, the undersigned shall complete and submit <br />Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its <br />instructions. <br />(2) This certification is a material representation of fact upon which reliance was placed when <br />this transaction was made or entered into. Submission of this certification is a prerequisite for <br />making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to <br />file the required certification shall be subject to a civil penalty of not less than $10,000 and not <br />more than $100,000 for each such failure. <br />(3) <br />The prospective participant also agrees by submitting his or her bid or proposal that he or she <br />shall require that the language of this certification be included in all lower tier subcontracts, <br />which exceed $100,000 and that all such recipients shall certify and disclose accordingly. <br />17. BUY AMERICA <br />All steel or iron used must be produced in the United States, in accordance with 23 CFR 635 410, as <br />amended. All manufacturing processes, including grinding, drilling, welding, finishing or application of a <br />coating, for such steel or iron materials, must occur in the United States Coating includes all processes <br />which protect or enhance the value of the material to which the coating is applied If domestic steel or iron <br />is taken outside of the United States for any process, it becomes foreign source material. If steel or iron <br />will be a component of any manufactured product incorporated into the project, these same provisions <br />apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of <br />such foreign materials doe not exceed $2,500 <br />The bidder shall complete and submit with its bid proposal a declaration certifying either compliance or <br />noncompliance with Buy America. A certification form is attached <br />19 <br />